Lectures On Equity Pleading And Practice, With Forms And the New Federal Equity Rules; Prepared for the Use of the Students of the Law School of the University of Virginia
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In such case, the defendant (by the weight of authority) must deny the existence of the writing, in his plea or answer. In some jurisdictions, however, including Virginia, it is held that the de- fendant, instead of specifically pleading the statute, may avail himself of it by objecting to the oral testimony when offered — and in the absence of objection, either in his pleading or when the oral evidence is offered, he is held to have waived the de- fense. ^^ § 174a. The demurrer in the Federal ...courts. — Along with other technical forms of pleading, the new Equity Rules have abolished the demurrer in terms — and defenses formerly made by demurrer are required to be made by motion or in the anszoer}^^ 14. 3 Cyc 313.
15. Eaves v. Vial, 9'8 Va. 104. The authorities are collected in 20 Cyc. 308-311; 9 Enc. PI. & Pr. 705-709. See 5 Va. Law Reg. 794.
16. Rule 29.
CHAPTER XV.
DEFENSIVE PLEADINGS— Continued.
2. THE PI,EA.
§ 175. The Plea. — Defense by plea, in modern times at least, is comparatively rare, although, where available, this form of defense has many advantages over that by way of answer — especially since the answer, by the operation of modern statutes, has been largely shorn of its old-time value as an instrument of evidence.
What to read after Lectures On Equity Pleading And Practice, With Forms And the New Federal Equity Rules; Prepared for the Use of the Students of the Law School of the University of Virginia?
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To quickly assess the difficulty of the text, read a short excerpt:
In such case, the defendant (by the weight of authority) must deny the existence of the writing, in his plea or answer. In some jurisdictions, however, including Virginia, it is held that the de- fendant, instead of specifically pleading the statute, may avail himself of it by objecting to the oral testimony when offered — and in the absence of objection, either in his pleading or when the oral evidence is offered, he is held to have waived the de- fense. ^^ § 174a. The demurrer in the Federal ...courts. — Along with other technical forms of pleading, the new Equity Rules have abolished the demurrer in terms — and defenses formerly made by demurrer are required to be made by motion or in the anszoer}^^ 14. 3 Cyc 313.
15. Eaves v. Vial, 9'8 Va. 104. The authorities are collected in 20 Cyc. 308-311; 9 Enc. PI. & Pr. 705-709. See 5 Va. Law Reg. 794.
16. Rule 29.
CHAPTER XV.
DEFENSIVE PLEADINGS— Continued.
2. THE PI,EA.
§ 175. The Plea. — Defense by plea, in modern times at least, is comparatively rare, although, where available, this form of defense has many advantages over that by way of answer — especially since the answer, by the operation of modern statutes, has been largely shorn of its old-time value as an instrument of evidence.
What to read after Lectures On Equity Pleading And Practice, With Forms And the New Federal Equity Rules; Prepared for the Use of the Students of the Law School of the University of Virginia?
You can find similar books in the "Read Also" column, or choose other free books by Lile, William Minor, 1859-1935 to read onlineMoreLess
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